so Far the matter was clear: An Addiction alone is not enough to have to claim on a disability pension. Only if an alcohol or drug addiction to a disease or an accident, or had the Addiction was the result of a disease, was considered someone as a disability within the meaning of the IV-act. For the Addiction to the Person in question was from this point of view, responsible.
This is differently in the future. The Federal court has decided to change its jurisprudence. The judge based the decision on the current medical Belief that it is an Addiction a disease. The IV-Set to follow that judgment now.
Each case will not be checked
The court decision means that now every drug or alcohol addict receives automatically IV. As with other mental disorders does not have to be Doctors to assess whether someone’s work is because of the Addiction is capable of. In addition, may be required by a person or an addict, in a treatment. He does not, can be cancelled, benefits reduced or even.
the trigger for the decision in Principle is the case of a drug addict, and a heroin-addicted man. He had complained, because to him the disability pension was denied. The Federal court gave him right, that he has, at least temporarily, are entitled to assistance.
are affected, How many people from judgment and a new claim for a disability pension, is unclear. According to Astrid, Jakob, managing Director of the IV-Set-conference is not recorded, regardless of the reason, IV-applications to be rejected. “However, we expect that the number of beneficiaries does not excessively increase.” Finally, it will continue to review each case carefully.
“the decision is overdue,”
professionals are happy about the decision of the Federal court. “He is overdue,” says Manuel Herrmann from the professional Association on Addiction. Because medically it is impossible to determine whether primary an Addiction or a mental illness is present, as has been required until now. “The reality is much more complex.”
With the decision to make a step away from the “Moneybox of Thinking” between social assistance, and IV. “The man could re-focus more on the: A Person can work and wants to, will be able to do that in the future, in spite of their addiction disease and is not sorted out in advance of the IV.” Also Affected would have to consume first of all your Savings, in order to get social assistance.
in order to contribute to the Destigmatisation of persons with a substance abuse disorder, because they are now treated the same as persons with other mental or physical disease. This opinion is also the Foundation of Switzerland.
SVP national Council member’s positive
Also, the decision of the chief judge of politicians – from left, is welcomed to the right. “”It is true that in the case of addicts in the future, as is the case with other mental illness, according to clearly defined criteria, it is checked whether a limitation of the work is ability, which is justified by the right to the Pension,” says the Basler SP-national councillor Silvia Schenker (65). Because it would be very diverse reasons why someone is looking sick. “Reasons that may be outside of the affected Person.” Schenker has been working for several years as a social worker at the Psychiatric University hospital in Basel and has been for eight years in the child and adult protection authority of Basel-city. You can always do it again with sick people.
Even in the case of the SVP, which will buckles to the IV-belt always close, pushes the change of Practice on open ears. “The first priority must be that the Affected addiction as quickly as possible,” says the Bernese national councillor Andrea Geissbühler (43). To “a therapy, not forcing anyone. But if the pension can claim will now be subject to the condition, to make a therapy, can be Affected a Motivation.”